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Judge quashes orders to shut down Blossom South

Rochester Business Journal

August 30, 2013

Owners of Blossom South LLC were granted temporary relief Friday to avert an imminent shutdown of the 161-bed Rochester nursing home.

Blossom South Nursing and Rehabilitation Center was slated to be shut down in roughly two weeks for its alleged failure to meet federal and state health and safety standards.

Blossom South argued that the state and federal regulators who ordered its closing ignored their own administrative procedures and violated the U.S. Constitution and federal law in failing to give the nursing home’s owners adequate time to protest the shutdown.

Earlier this week Blossom South—working with the law firm Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara & Eininger LLC—filed a lawsuit to prevent the federal government from removing funding for the facility and to stop the state from closing it.

Filed Monday in U.S. District Court in Rochester, the action targeted Department of Health and Human Services Secretary Kathleen Sebelius, Centers for Medicare and Medicaid Services administrator Marilyn Tavenner and state Department of Health commissioner Nirav Shah M.D.

Larimer ruled that pending further proceedings in October, the defendants cannot terminate the facility’s Medicaid provider agreement, which would have required it to submit a closure plan, force a relocation of residents, and deny payment for new or existing Medicare/Medicaid residents, prohibiting new admissions.

"Two years ago, I committed myself to Blossom South and to completing a turnaround plan for the facility,” facility owner Israel Segal said. “I am happy that today, we were given the opportunity to continue that commitment toward completion of a necessary turnaround at Blossom South.”